Analysis Of Regrouping The Corporate Governance Of Commercial Banks In Our Country

Before the middle of the 1990s, the commercial bank was mostly regarded as an important supervisory mechanism. In 1997, an acute financial crisis occurred in SE Asia, evoking an attention should be pay to corporate governance for banking organizations. With the further improvement of market economy system and the entry into the WTO, the commercial banks in China face more and more serious challenges. There exist many problems for the commercial banks, especially state-owned commercial banks. Thus the problem of the governance structure of commercial banks became a focus of concern. The commercial banks bear features of their own apart from the other companies, which determine the corporate governance of its own. In the domain of law, study is still at the embryonic stage, such as ignoring the particularity of commercial bank, adopting simple study method. This article want to change the old pattern and base on the practicality of commercial banks' governance structure and the our law tradition in our country .At the same time , This article adopting special and reasonable study method to regroup commercial banks' governance structure systemically. so the article' structure and study method have its own specialty.Firstly, the foreword involved the article' jurisprudence logic method indicate that the conclusion do not use for reference economics' achievement and it base on the practicality of law tradition of our country.Secondly, the text gives prominence to three contents: At first it is dealing with the foundational theory of corporate governance. But it is very important to analysis the practicality of commercial banks' governance structure. At second it is considerate completely that environment of exterior governance, such as economic environment, politics environment and law status quo. At third it is adopt state-owned commercial banks as representative to analyze and put forward all kinds of reasonable resolvent.Finally, it is special points of view that study the financial holding company in the article.The financial holding company created according to 1999 America Financial Modernization Act has become one of the main organization forms of the conglomerates coexisting. The financial holding company is at the embryonic stage in our country, its reasonable formal should be banking holding company at the present time, and the corporate governance is its difficulty. This article analyzed our country banking holding company to corporate governance existence the question, proposed the mother-son subsidiary company boundary, board of directors's independence, enhanced obligations system carried on the government the importance.Basing its analysis on the legal and economic theory, the article uses such ways as economical analysis, exogenous analysis and institutional comparison to make a preliminary normative and positive legal research into financial holding company, with the hope that it will contributes to the construction and consummation of the Commercial Banking Organizations and related revolutions.